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Friday, January 28, 2022

Alaska Dispatch Addresses Copyright of Leaked Palin Book

The news organization that broke the story about the unauthorized distribution of the draft manuscript of Blind Allegiance to Sarah Palin – A Memoir of Our Tumultuous Years has issued a statement. After being contacted by Bonfante Steinbeck, the legal firm representing authors Ken Morris, Frank Bailey and Jeanne Devon regarding use of their copyrighted material, they responded:

The editors of the Alaska Dispatch respect intellectual property rights. They strongly support the rights of authors, including your clients, to exploit their copyrights so that writers and their publishers have the necessary incentive to invest time and energy to produce works for the benefit of all of us. The Alaska Dispatch had nothing to do with McGinniss’s acquisition of the manuscript, and does not know how this occurred. Thank you for your professional courtesy in bringing your clients’ concerns to our attention, and we wish you luck in getting to the bottom of this.

It’s good to know, during the frenzy of media coverage and unauthorized reproduction and distribution of this manuscript that there are still news organizations of integrity.

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Comments
114 Responses to “Alaska Dispatch Addresses Copyright of Leaked Palin Book”
  1. rod gonzales says:

    i know nothing, but all involved in this “RUSH to PRINT” may have issues but the vehement victim, ie. the subj. may have invaded the ted Stevens “tubes”..i hope so! my elegance rests with the FLATS at any rate.!

  2. California Dreamin' says:

    Well this widely ‘unpublished’ manuscript is still the ongoing topic of the week wherever one looks:

    More Juicy Bits From the Sarah Palin Tell-All
    http://www.thedailybeast.com/blogs-and-stories/2011-02-23/sarah-palin-tell-all-more-details-marital-problems-nude-photo-more/?cid=hp:beastoriginalsR2

    More juicy tidbits are creeping out all the time.

  3. beth says:

    Irishgirl @ 25 ( https://themudflats.net/2011/02/22/alaska-dispatch-addresses-copyright-of-leaked-palin-book/#comment-253986 )

    I’m pretty sure you asked your question rhetorically, but I believe AKM has given us a definitive answer to it…’long about a year or so, ago?

    I’m trying to remember the precise details, but what I recollect is that a ‘pup left a cryptic post or two for AKM to check her mail…a large envelope had been mailed to her. If I’m further remembering correctly, the post(s) piqued the curiosity of many ‘pups and we kept bugging AKM to give us the skinny; AKM assured us it was a biggie, but she couldn’t reveal the contents until she’d *throughly* checked it out. And, what with it being around the holidays (?) [or something], she didn’t have the time to devote exclusively to it as she needed/wanted to …but for us to please be patient and she’d get to it to us as soon as she could, because it was a doozie.

    We waited (and we bugged!) and we waited…

    ONLY when AKM had meticulously vetted the material(s) to *her* satisfaction, did we all get to share in the information she’d been privy to for all those weeks. Only when *her* high standards of journalism, complete investigation, fair-play, and integrity were met, did she write the article sparked by the ‘envelope’ she’d received, and did she post it for all to read.

    If I’m not mistaken, what AKM (finally) unveiled for us was information about the “insurance” Mayor Sullivan #1 had, and the payout from city coffers that were made to Mayor Sullivan #2 for it. A hefty chunk of money, it left the city’s bank account via check signed by Sully #2, was received and cashed by Sully #2, and was spent by Sully #2 before anyone could say “Bob’s your uncle”…let alone, ask: WTH? *That* was the information in ‘the envelope’; *that* is what AKM would not publish *until* she’d checked it out six ways from Sunday.

    If any ‘pup remembers the ‘incident’ I’m recollecting, differently, please pipe up. I’m damned sure of the sequence of events of the matter…just am not 100%-positive in the subject of AKMs revelatory article. I’m pretty sure it was Sully, though…

    So, yeah; I think it more than accurate to say: IF our AKM had received JMs –or *anyone’s*– work without a disclaimer and/or confidentiality notice, she would have contacted the author to find out what was going on (let them know ‘it’ was going on) and/or she would have set it aside until she could find out why she’d received it; barring that, she’d’ve let it sit on the edge of her desk for spiders to make webs around…she would *not* have sent out an: “OMG, have you seen this? This is information every American needs to know…send it to everyone in your address book!” email with the work attached.

    Something about AKMs *demonstrated* sense of honesty, or some such… beth.

    • Irishgirl says:

      Wasn’t that incident about Palin’s cabins, and unpaid taxes? I could be wrong – senility is setting in! But yes, I take your point. There is NO way AKM would have done that to Joe McG.

      • beth says:

        Ah, yes…could very well have been, Irishgirl.

        [just did quick ‘search’ check…] Yes, it was The Cabins! From 3 February 2010: “Sarah Palin – Tax Cheat? Contents of Mysterious Envelope Revealed. (UPDATED)” — https://themudflats.net/2010/02/03/the-envelope-please/ You’ve an excellent memory… Mine?…eh; not so sharp, these days.

        In my defense, though, there have been so many instances of $kullduggery up in AK, that pretty soon they all seem to blend in, one with the other. One after the other after the other.

        But no matter what the subject of the $kullduggery–either issue or player(s)– there’s *always* been one constant: AKMs journalistic honesty and integrity; she has unquestionably evidenced it time and time again. beth.

  4. maelewis says:

    Who sent the manuscript to Joe McGinniss in the first place? From the little bit that I know about this story, four people had access to the manuscript: the agent and the three authors. Somebody had to send the manuscript to McGinniss, and I assume that there was some kind of note that would accompay the document, asking for suggestions, help in getting it published, answers to specific questions. I am not defending McGinniss; I am only asking which of the four people who had access to the book sent it to McGinniss in the first place. Or else, where did he get his copy?

    Were there more than four people who had access to the manuscript? That does complicate the story.

  5. Quetzalcoatl says:

    Well, when Alaska Dumbpatch received the manuscript[s]…admitting they know copyright laws, yet still proceeded to publish them! HELLO? Anyone home….?

    No doubt the C&D letter was sent out to them as well. I am not asking them who, if anyone, sent the same manuscript. So… AD….STFU, please. We understand you are beholden to your corporate oligarchy and advertisers….that’s why you have nothing to report except an accident at Main & Broadway… c ya, sit down.

    While we’re on the topic of corporations owning too many media outlets vs investigative, informative journalism [not from the same school of journalism the grifter ‘graduated’ from]….

    astroturfing, what the Lou Palin is in short…what big corporations are doing.

    This, this is what should concern us:
    http://www.monbiot.com/2011/02/23/robot-wars

  6. Fawnskin Mudpuppy says:

    Has anyone commented on what the lovely Regina has posted over on Palingates? A truly classy woman is that one.

  7. beaglemom says:

    My head is spinning! This situation has the makings of a major intellectual property litigation. Remember the issue about music royalties a few years ago; settlements are still being reached. And when movies are premiered, they are literally protected by “body guards” to keep “pirates” away. Obviously, the same thing needs to be done for books now. What a shame. The internet is, in many ways, a wonderful thing but it is also very dangerous. Just a click away . . . .

    How can an unpublished work suddenly appear as a “kindle” book? How could, and why would, a reputable author pass along an unpublished manuscript to newspapers and bloggers with the simple caveat of “keep it confidential”? Why would a reputable literary agency shop a manuscript, as potentially volatile as this one, on the internet and with no apparent attempt to enforce confidentiality? At this point, and with no questions answered, my sincere hope is that AKM and the other authors have excellent legal representation. They will need it to reclaim and protect their ownership rights. Then I’ll be proud to go to my local independent bookstore and pay full price for their book!

    • bubbles says:

      Beaglemom i love it that you said independent bookstore. good idea. i think i will shlep up to the Strand Bookstore to score mine.
      i think what has happened will stand AKM well in the future. she will know what to do and how to get it done from now on. she knows now who is who and what is the what.

    • pacos_gal says:

      I think they do have excellent legal representation, with experience in this area, based upon the lawyer who wrote the desist order.

      McGinniss has a certain reputation true, but it isn’t only as a best selling author.

      The Journalist and the Murderer comes to mind. That can be googled, and a payment of over 350,000. that he had to pay another person that he took advantage of in a different instance/book.

      His entire defense seems to be that Bailey has no right to base a book upon emails. I beg to differ in that any emails from the campaign for governor or personally between him and the Palins or other entities that are of a personal nature do not fall under confidentiality. He could in fact just say it is based upon his own experience and the emails do not come into play. Cheney, Rumsfeld, Bush and many others have written books based upon their years of government service, and many more will be written. It isn’t illegal. We already know that personal yahoo accounts do not fall under FOIA request. I’m guessing the emails that were used would have been ones from his personal account and his long association with the Palins including working on her campaign for Governor. (that doesn’t fall under FOIA either) Although I cannot say that positively, but it makes sense.

      By saying this on the public record, McGinniss specifically opens himself up to a very Large lawsuit whether a book is ever published or not.

      • Terpsichore says:

        Yeah, that ‘no right to use the e-mails’ thing does not seem like it can be 100% correct. It’s either a legal issue (copyright) or an ethical issue, and the only ethics laws that would apply would be AK state executive branch ethics laws (or perhaps a little of both).

        If it’s a copyright issue, I am confident a limited use is permissible under the Fair Use clause.

        If it’s the ethical issue (The McLeod complaint against Bailey – he as a former employee cannot make money off information he learned in the course of his duties), that’s could be a stickier problem.

        The Alaska Executive Branch Ethics Act states: Sec. 39.52. 140.
        Improper use or disclosure of information.

        (a) A current or former public officer may not disclose or use information gained in the course of, or by reason of, the officer’s official duties that could in any way result in the receipt of any benefit for the officer or an immediate family member, if the information has not also been disseminated to the public.
        
(b) A current or former public officer may not disclose or use, without appropriate authorization information acquired in the course of official duties that is confidential by law.

        I’m sure (b) is nt an issue. Whatever he has that might be considered confidential is most likely not needed for the telling of his story.
        So that just leaves (a). On the surface it seems clear cut – he’s a former employee, he expects to make money, and certainly the book will include things he learned on the job that have not been publicly disseminated (that in fact is the major selling point of the book).

        But if that’s so, then how can he (or any former employee realistically) ever write a book for profit? For example, in staff meetings with Bitney, Sarah learned he spilt stuff on his tie and played on his blackberry (or whatever that was). That information was “gained in the course of … the officer’s official duties” and had “not also been disseminated to the public.”. A staff meeting would be the same as sharing e-mails with staff – not considered ‘publicly disseminated. Perhaps that’s a stupid example, but if she did even three things like that in her book, and Bailey uses three e-mails in his, what is the difference? Isn’t she equally as unethical as Bailey, under the law as written? I say yes.

        And yes pecos, it does sound like it is not simply the use of the actual e-mails (which we all agree are vital to the narrative), but apparently Bailey would not even be able to say something like “Todd Palin told me that since judge Q is writing op-eds in support of the gasline, he is going to tell Sarah to appoint him/her to the next higher judge appointment when it comes up” (and yes, that is a totally fabricated example). Obviously he learned it in the capacity of his duties, it would not have been publicly disseminated, and therefore … he cannot tell the truth!

        Seems this ethic law, if we take it as read, only protects the very people who are being unethical!

        • pacos_gal says:

          I don’t think that it would beyond the realm of supposition to guess that none of these emails were on the official government email server. He wouldn’t have had access to them after he left office if that were so. Palin used and encouraged her staff and others she corresponded with to use things like yahoo and google email accounts. Based upon previous rulings by the ethics committee those emails were private. Certainly Bailey has a long history with the Palins going back to before she was Governor. The Yahoo emails of Palin were not subject to FOIA requests. Only the government server emails.
          Wouldn’t the same thing apply to Bailey?

        • StElias says:

          Hmmm—-Before Mr. Bailey’s lynch party gets too fired up. Better to read the entire law, not cherry pick.

          For instance:

          Sec. 39.52.910 Applicability.

          (a) Except as specifically provided, this chapter applies to all public officers within executive-branch agencies, including members of board or commissions. This chapter does not apply to:

          (10 A FORMER PUBLIC OFFICER OF AN EXECUTIVE-BRANCH AGENCY UNLESS A PROVISION SPECIFICALLY STATE THAT IT SO APPLIES.

          Sec 39.52.960 Definitions

          (2) “agency” means a department, office of the governor, or entity in the executive branch, including but not limited to the University of Alaska, public or quasi-public corporations, boards or commissions, and the Alaska Railroad Corporation:

        • StElias says:

          Of course, even if Bailey wasn’t already exempt, this provision would clear him as well. “Two years only!”

          Sec. 39.52.180

          (a) A public officer who leaves state service may not, for two years after leaving state service, represent advise, or assist a person for compensation regarding a matter that was under consideration by the administrative unit served by that public officer, and in which the officer participated personally and substantially through the exercise of official action.——

          • pacos_gal says:

            So that means that once the two years are up he is free to write anything he wants including his memoirs, if he wanted, from his time working with Palin? He could use whatever recollection or papers he has to do so? (that is after all how Most writers that worked in politics do it)

          • StElias says:

            Response to pacos-gal below,26.2.1.3.1

            Well yes. But in this case it is irrevelant. Employees of the governor’s office, the Executive Branch. They are all exempt from the whole shebang once they leave office, under 39.52.910 (a) (1). Including the governor.

  8. Irishgirl says:

    Also, I like to make what I believe is an important point here. If AKM had found herself in the possession of Joe McGinniss’ unfinished manuscript, how many on this blog think that AKM would have emailed it on to the media?

    There is no excuse for what he did. I think the people defending him are shocked and unwillingly to believe that he did forward on the manuscript to others – however, as I have said in the comment above, he has admitted that he did.

    • jimzmum says:

      Exactly. Ethics. Morality. Honesty.

    • dreamgirl says:

      I was shocked and very unwilling to accept what he did until I swallowed the bitter truth and accepted it. I hope publishers will duke it out for the publishing rights and get some of my dollars I can’t wait to spend on this book.

    • Dagian says:

      Oh–I posted earlier and sounded all Pollyanna-ish. Well, darn. This is a very disappointing confirmation. It’s not that I didn’t believe Jeanne, it’s just that I really was hoping it was someone with an agenda hacking into his computer and causing mischief.

      I’ll continue to wait for the REAL book.

      I’m sorry Jeanne. May the fleas from a thousand camels nest in his armpits!

      • bubbles says:

        sorry Dagian my post was meant to go beneath Irishgirl. however:
        ***************************************************************************

        May the fleas from a thousand camels nest in his armpits!
        i will drink to that!! LOL

    • bubbles says:

      exactly Irishgirl. when i read the speculation and wild opinion being thrown around on this blog when the story broke i was beyond disgusted. i knew Joe McGinnis had betrayed the confidence of the authors. Why? because AKM said so. period.
      i sat here and wondered to myself. “who the hell are these people?” “do they not get that they are sitting in this lady’s virtual living room insisting that the person she has said attacked her and done her harm could not in fact be the person she has identified?” no. it was said she must be mistaken. had to be someone else. anybody else. give us proof then we will believe you. BAH!
      Job’s comforters.

  9. Well if the butler didn’t do it,this has all the earmarks of Karl Rove/Andrew Breitbart dirty tricks all over it.

  10. Califpat says:

    I hear you!!!

  11. Fawnskin Mudpuppy says:

    And amen to that , Snoskred

  12. Snoskred says:

    Guys I know that AKM is unable to comment on specifics due to lawyers being involved, but can I just make something super clear?

    If you are a long time reader of the blog you will know this already. If you are not, listen up. 🙂

    AKM does not post things without being 100% certain. She never has. The presence of that post from Morris should be all that any of you need to be 100% sure that the leak came from the source mentioned.

    I have seen all kinds of wickety wack all over the internet. Bizarre conspiracy theories, people who should know better posting stuff they should not, etc.

    The full story will become clear in time. In the meantime, I know AKM well enough to know that I can trust what I have read. I am hopeful the rest of you have that kind of trust and faith in AKM too. 🙂

    • Thanks for pointing that out. Maybe that’s the reason I haven’t gone down the road of asking someone to prove that Joe was the guilty twit. Just having AKM post it is enough for me – I didn’t even have to think about it. That’s what happens when someone has earned your trust and respect.

    • jimzmum says:

      Thank you, Snoskred. I will not download anything, because I don’t steal. Period. I believe this site, and the wonderful woman behind it, is the most carefully researched source of material available. I am not posting much these days, but reading when I can. I believe in AKM. And, I need to tell you that I have never heard the words “wickety wack” before, and am delighted by them!

    • dreamgirl says:

      Amen!

  13. Zyxomma says:

    The only piece of the book with which I’m familiar is what Lawrence O’Donnell reported on his show, which I linked to from right here on the ‘flats. I have avoided seeking any part of the manuscript; I’ll wait to read the published work, and will gladly pay for the privilege.

  14. Irishgirl says:

    I honestly can’t believe the behaviour of some people. I am dying to read the mss but in good conscience, I could not click on a link and download it for free. As Lee said above, it is opportunistic theft. AKM and the other co-authors have spent months on this and it is just not right to steal their work.

    • LaniN says:

      For days, posters have been squawking on the Mudflats and other blogs that the release of the manuscript would not harm its marketability. Some even made very rude (and very ignorant) remarks about the attorney making such a statement.

      For those who didn’t get it, is it clear now? The book has been stolen and given away for free. Even those who claim to respect AKM are taking advantage of the downloads.

    • benlomond2 says:

      Now if AKM could be talked into a book tour in the Lower 48…… ( evil Grin) I understand there’s an underutilized bus that might be available…….

  15. bubbles says:

    (((Benlomond)) me too.

  16. benlomond2 says:

    I’m going to wait until the hardcover version comes out; I’ll be proud to add it to my personal library

    • tigerwine says:

      Me, also, too!

    • Dagian says:

      Count me in!

    • dreamgirl says:

      One for the coffee table, one for my bag, one for my nightstand and several for friends. Hopefully the authors will make a stop in Chicago so I can get some inscriptions!

      God Speed to speedy publication.

      • alaskaliberal says:

        Early Christmas gifts, gifts to hand out on the anniversary of the BIG QUIT Day, gifts to give to my favorite Repubs….I’ll be buying by the case load!

  17. HappyPlace says:

    I confess to having read the manuscript, via loading the PDF onto my Kindle. I adore and respect Jeanne’s writing and couldn’t help myself, but promptly left a $9.99 donation—the going rate for new works for the Kindle—via the little yellow wellies button on the Mudflats homepage.

    • LaniN says:

      I’ll wait and buy it honestly rather than take advantage of a theft.

    • bubbles says:

      wow. just wow. Jeanne Devon Spent a year of her like working on this project and you have the temerity to download her work and then brag about your $9.99 donation? on her blog? for real?

      • Kath the Scrappy says:

        Clap! Clap! Bravo Bubbles & Lani. I left a donation a couple of days ago “just because”. I’m waiting for the published copy myself.

    • AKPetMom says:

      These people are engaging in copyright violations and no donation to Mudflats will cover the behavior that these blogs are engaging in.

  18. ks sunflower says:

    If the ADN is so righteous and respectful of copyright, why did it publish excerpts of the Bailey, Morris, and Devon book? I was just on the site checking to make sure that I got that right. They did discuss content and reveal things that might be crucial to making the book a bestseller.

    The note the ADN sent distancing themselves from Joe is not a real apology to the authors. It reads like a really sleazy attempt to weasel out of their complicity in leaking the content. In my opinion, they seemed eager to capitalize on the book and be amongst the first to break the juicy bits.

    ADN’s note said, ” . . . [it] had nothing to do with McGinniss’s acquisition of the manuscript, and does not know how this occurred.” So what? I mean, they sure were happy to exploit the leak.They didn’t refuse to share its content.

    They didn’t need a Cease and Desist letter if they were truly committed to what they say they are. The owners and editors of the ADN cannot escape culpability because they knew or should have known of the laws governing copyright. It is their darn business to know those laws, after all. You know the ADN would pitch a hissy fit if someone violated its copyright on original work and rightfully so. It then cannot issue such a disclaimer and expect us all to go “well, you didn’t know how JM got the book” so it’s okay. Big Time BS. If I were representing the ADN, I would tell it to shut up.

  19. Marnie says:

    Don’t’ know the law exactly on copyrights.
    But if you knowingly buy stolen goods and resell those goods, you are guilty of fencing.
    If you knowingly buy drugs from a drug dealer and then resell them you are guilty of drug dealing.

    Morally ADN and everybody else that released (sold) parts of the mss. without verifying that the authors or agent was allowing that release is guilty of profiting from the distribution (broadcasting) for profit) some one else’s intellectual property.
    The hand that delivered the stolen property doesn’t matter a rat’s ass, its stolen property and they know it.

  20. El Jefe says:

    May the hounds of hell chase the sorry mofos to the ends of earth who posted the link to the book on blogs. Despicable.

  21. I See Villages From My House says:

    I have a feeling that AKM and her cackle of rads have taken Sarah Palin’s chief executive advice of employing the Dutch to plug the manuscript leak?

    Snark aside, I’m glad you are getting a handle on this. I’m so sorry that once again, the Internet has betrayed you (your outting by Doogan) and that you are being referred to as an Anti-Palin blog. You are so much more than that, you are that shining city on the hill, calling for transparency and accountability while helping us laugh and retain our sanity when we don’t get it.

    Best to you and your colleagues in getting the manuscript published and are compensated for your extraordinary efforts in sifting through sycophantic eyes of Palin henchmen. Their complicity and echo-chamber helped make her and elevate her alarming character traits. It shouldn’t have been you auditioning for Frank Bailey’s trust, he was damn lucky to get your responsible analysis and readable format.

    Can’t wait to read it. Good luck AKM.

  22. maelewis says:

    Ken Morris wrote an interesting post yesterday, describing how the three of you worked together for a year. Then, the manuscript was leaked. Mr. Morris, who is a published writer, omitted a little bit of the story. Perhpas one of the three authors would tell us when and how Carol Mann came to be your agent and what your relationship was. Mann’s website requests that the full manuscript not be emailed, so it would be interesting to understand at what point she required a complete manuscript to submit to publishers. (Were other agents approached before signing a contract with Mann?)

    The authors I know submit, through their agent, a proposal, outline and sample chapter. They don’t start the hard year long job of writing until there is a contract in place. So, I guess it would be interesting to learn how you decided to write the full book before securing a publisher. How many publishers were shown the story? What did publishers say about vetting the book and getting it through their legal department? In the past year, did Mann or any of the authors send the manuscript to other people, for suggestions, input, or help in finding a publisher. The problem with sending an entire manuscript through the internet is that it is not private. And, in reading Ken’s post yesterday, he described writing and leaking, however he left out a lot of other information, namely all of the people who were sent copies of the book.

    I appreciate all of the hard work that all three of you put into trying to tell the truth behind politics in Alaska. I also hope that your hard work will not go unrewarded. If it is that good a story, it deserves to be read in its complete form, not just in quotes on the internet.

    • pvazwindy says:

      good reasoning Mae

    • PollyinAK says:

      I’m in the dark about it as anyone else, but, I have a friend who is an author who gives complete manuscripts (in the works) to other authors to get their recommendations. You know how the back cover and sometimes the first page is full of quotes/recommendations from newspapers and famous authors? Perhaps, the send out by the agent (Carol Mann) was to get recommendations from certain newspapers/journals and some authors? I would have done it by registered/certified mail with a prior confidentiality agreement signed by the recipient – the good old fashioned way.

      • Forty Watt says:

        PollyinAK, personally I have never seen that done before a contract was in place. But I’m prepared to live and learn.

        • PollyinAK says:

          It may well have been my author friend’s trusting nature. But, he did get confidentiality agreements (which stated that the recipient wasn’t to share it verbally or make copies) and posted via registered mail, and the manuscript was returned. He also self-published. These days, one should never trust email!!

      • maelewis says:

        My author friends (or their publisher) solicit those recommendations and quotes after the contract is finalized and the book is in final form. It would be unfair for them to read a work that is still in the process of being changed. Anyone asked for comments is usually provided with a cover letter that spells out the terms of sending the manuscript.

    • Omomma says:

      All excellent questions, every one. Again, isn’t the original sender the culpable person here?

    • Lee323 says:

      maelewis, I find your last paragraph curious in light of your solicitation of a poster on another blog to read the manuscript and “post highlights” of the “good parts” for you.

      How many degrees of separation is that from breaching the copyright of the manuscript yourself? Yeah. It’s not hard to calculate.

      Of course, you might not be THAT maelewis. Yeah. Those odds are not hard to calculate either.

      Intellectual property is still personal property of value even though it’s less concrete in molecular structure. Unfortunately, that does seem to be hard to calculate for some folks.

      • AKPetMom says:

        There are blogs out there that are encouraging people to download this manuscript.

      • maelewis says:

        In my mail, delivered by the USPS, I receive key chains and stationery that I have not ordered. They are sent by people who want money or a contribution to their charity. According to my post office, since I have not solicted the items, I am free to throw them out, give away or even sell them for money. Let’s just say that someone sent me a booklet of prayers, copyright or not, intellectual property or not, but they want money for their religious organization. I am under no obligation at all regarding the items that I did not request. I can read them to my friends or post them on the internet. It was unsolicited merchandise.

        The internet has yet to develop clear laws such as the USPS has in place. Until then, anything that is sent by email is not protected or private. A facebook post can be spread faster than a virus. tweets tweet and repeat. There is no expectation of privacy when you talk on a cell phone, and there is no expectation of privacy on the internet. Perhpas the agent (or the sender) should have chosen a secure method of communication, and provided a cover letter spelling out the terms involved in accepting the manuscript.

        • Lee323 says:

          Joe McGinnis and the media knew the proper etiquette for handling someone else’s unpublished manuscript regardless of the presence of the so-called “cover letter.” It was a literary bombshell, and everyone greedily wanted a piece of it without permission or paying for it. Not to put too fine a point on it, but that’s called theft.

          The incessant harping about the supposed incompetence of the agent is an argument which attempts to deflect from the much worse ethical breach and real criminality of leaking the manuscript. Furthermore, the full story and related facts are not yet even known about the handling of the manuscript.

          If the agent made a mistake, s(he) and the authors will have to live with that, but all the other folks who took advantage of the situation went beyond the boundaries of a mere mistake, and entered into the territory of willful unethical and illegal behavior. Is the internet an unregulated free-for-all? Sure, but individual people made personal decisions about the disposition of the manuscript once they had access to it, not some artificial intelligence named Mr. Harry Herbert Internet.

          I don’t know all the facts in this unfortunate case, maelewis, but I’m fairly confident that the manuscript was not anything close to a “book of prayers” soliciting Joe McGinnis for money.

  23. Millie says:

    MSNBC ran info on the manuscript during two afternoon shows today. And, another one did yesterday. The Cease and Desist doesn’t appear to be working. It was very apparent to me they had the manuscript…one gal talked about having read it.

    Interesting that this was leaked just prior to the candidates declaring whether or not they’d run for President of the United States. Two men have said no as of today and they are still running Palin’s photo with them, even though having just talked abou tthe leaked manuscript.

    • LaniN says:

      It is quite possible that the tv personalities you mention had not received the C&D demand before their shows. After all, the law firm wouldn’t know they had received the mss until they mentioned.it on air, right? After reading comments similar to yours, I made sure to watch msnbc when I got home
      I’m in Hawaii, so evening msnbc here consists of reruns of the mainland line-up. There was no mention of the leaked document.

      Maybe they got the word?

  24. The Rubber Room Hotel says:

    I am glad that AK Dispatch made a statement! I was so proud of them with Joe Miller I hated having to boycott.

    • PollyinAK says:

      I visited Alaska Dispatch offices, and I think Alaskans should do everything they can to support them. Just reading them helps get their numbers up (so they can increase their circulation numbers for advertisers). They are competition with ADN, and we need more investigative reporting in this state.

      • Concerned Too says:

        I am yet to get too excited over them pulling back NOW. This is not the first time the AK Dispatch has publish information with a questionable source. When questioned ‘why’ their answer then was, well others are!

        This type of sleazy, IMHO, is not called for given all the good investigative stories they do run.

        I hope they clean up their act, this will not win them worthwhile readers OR advertisers that want to be seen as associate with a half baked ‘paper’ just looking for ‘hits’!!

    • slipstream says:

      And let’s give due credit to Alaska Dispatch. Tony Hopfinger (editor, Alaska Dispatch) kept asking questions of Joe Miller until Miller ran away and had his goons assault, handcuff, and illegally detain Hopfinger. In my opinion, that event was the beginning of the implosion of Joe Miller.

      http://www.huffingtonpost.com/2010/10/18/reporter-detained-by-joe-_n_766565.html

      Also, too, the very next day the Alaska Dispatch sponsored an excellent debate of the senate candidates. Scott McAdams and Lisa Murkoswki showed up, but . . . . Joe Miller bailed.

  25. AKPetMom says:

    Perhaps the Dispatch is reveling in the fact that many of us viewed their website for the first time due to this kerfluffle. I certainly won’t make that same mistake again.

    • dreamgirl says:

      I “de-bookmarked” them. Sorry but any blog or news source that spills large amounts of an unpublished manuscript is the copyright infringer. The source who distributed the MS to too many of these outlets unauthorized by the authors is acting maliciously. My two cents.

  26. Cassie Jeep says:

    The Mudpups just keep “dogging” this story. I am certain it will all be good when it settles. Good things can come out of bad and I truly believe right conquers might.

  27. Enjay in E MT says:

    what a twisted tale –

    course we are dealing with
    a twisted gov too

  28. pacos_gal says:

    Good of the Alaska Dispatch to also point out in public, exactly where they received the leak from. More and more people who received the email from McGinniss, a mass emailing I might point out, are starting to come forward to say that this where they received the email from. Philip Munger also mentioned that the email he received was from McGinniss and that he asked him why he sent the ‘work’ out. As far as we the public know, there hasn’t been a response from McGinniss.

    Matthews of Hardball said tonight that he hopes to interview McGinniss about the leak. Good luck with that Chris, he hasn’t been overly forthcoming recently has he? (sorry for the snark, I really do know better)

    Yes of course, AKM has already said where the leak came from, but some out there on the world wide web seem to need some sort of validation of the accusation. Let us all be clear, like him, dislike him, whatever, for reasons that one can only suppose to be his own he passed on the information to several places which have acknowledged receiving the ‘work’ from him.

    While I might feel completely disgusted with Joe’s action and make no mistake I do, I do not feel in the least that this will detract from the ‘work’ itself being published. It does mean that those who worked on this will have to do a lot of additional work now, but if anything, the interest is going to go up substantially I think.

    To those who have worked so hard on this, I say good job, congratulations and forward ho. 🙂

    • I was so annoyed with Chris Matthews on that interview. His attitude and that of the guy from Mother Jones was so condescending and snarky towards Frank Bailey. Their suggestion was that Frank should just put the emails on the internet for all to see and be done with it. And that if the book is published, it won’t matter because he (Mother Jones) already has a copy. I thought the two of them had more integrity than that – apparently I was sadly mistaken.

    • Dagian says:

      This may be terribly naive of me, but I read this passage:

      “More and more people who received the email from McGinniss, a mass emailing I might point out, are starting to come forward to say that this where they received the email from.”

      I find myself wondering if he was subject to a hacker.

      I’m not saying that IS the case, but it’s probably safe to say that he has upset many Palin fans and perhaps one or more have the skills to cause a great deal of mischief.

      He hasn’t said it though, so maybe I’m just being distressingly optimistic. I certainly don’t want him to have been so malicious.

      • pacos_gal says:

        No he wasn’t hacked. He has admitted to sending out copies of the book via email to media sources and people.

  29. Lainey says:

    why is everyone assuming Joe McGinniss is personally guilty? I don’t know what really happened but, at this early stage, I’m guessing nobody else does either. imo

    • ks sunflower says:

      I will be amongst all the people condemning Joe McGinniss (JM) IF there is evidence he personally and intentionally released the draft to the internet.

      Until then, I repeat what I said on an earlier post in a similar fashion: Jeanne Devon is a honest, hardworking political commentator who has proven she has integrity and respect for the truth. I have had the impression that she has ever jumped the gun to lash out at people She carefully researched, reflects and then offers her opinion and the evidence she has used in forming that opinion.

      I have seen nothing yet that constitutes valid evidence that JM is responsible. He may be. He may not.

      I worry that everyone who loves and respect Jeanne is jumping on the anti-JM wagon because they feel protective of her. We do her a disservice to leap to conclusions. Jeanne is all about not jumping to conclusions. Why would we betray her own standards in our rush to defend her? We should, like Jeanne, wait until we have more facts.

      Lainey is correct. We need to stop this frenzy.

      If it turns out that JM was not personally involved or was set-up, do you realize that there could be legal repercussions against those who have sullied HIS reputation? My goodness, the sword cuts both ways.

      As I said, I will be amongst the first to denounce JM if evidence surfaces that proves his calculated, premature release of this book. There is no excuse for doing that without permission of the authors. However, I will not convict him in my emotional impulse to protect or defend Jeanne. She wouldn’t do it and neither will I.

      • ks sunflower says:

        typo correction: The second sentence in my second paragraph should read: “I have had the impression that she has never jumped the gun . . . .”

      • Thank you – I agree. Enough said.

      • Elizabeth says:

        Thank you KS Sunflower. I feel the same way too. It is too easy to fake an email address or whatever. Has anyone tried tracking back where the email actually came from? We just don’t know what is going on.

        • giddyup says:

          Thank you for posting that, sunflower. There is no evidence that JM did anything wrong and I’m not about to slander him. All kinds of scenerios could have occurred and I have a feeling we’ll never know the real truth. In the meantime, we anxiously await the release of all 3 books. 🙂

        • Lainey says:

          it IS too easy to fake an email…and look at what’s been exposed lately re palin and her alter ego’s…and her obsession to retaliate. I’m just sayin’.

      • grammy11 says:

        My thoughts exactly.

      • ibwilliamsi says:

        He seems to have admitted it through his lawyer according to a letter published at IM. He takes no responsibility for the consequences of his actions though.

    • Omomma says:

      I’m with you. How does anyone know who actually got the manuscript, and when did they get it, and from whom did they get it? Isn’t the culpable person the one who sent it to many others in the first place? This is very confusing.

      • Lainey says:

        yes…confusing. IF Joe gave it to ADN (or AK Dispatch) with warning not to distribute/reproduce w/o permission, and it was leaked anyway…is ADN off the hook?! I don’t think so. And my memory is a little fuzzy going back 2+ years, but wasn’t ADN ‘for’ palin before they were ‘against’ her? …maybe she still has ways to get back at Joe thru ADN… we can speculate all day, but the truth is very vague. If you don’t want any chance of your manuscript being leaked, why would you pass out copies to anyone?!

    • tigerwine says:

      Spot on, all!

  30. pvazwindy says:

    And blogs with integrity.

  31. Ripley in CT says:

    One down, how many to go? Sheesh. What a mess. I’m so sorry you have to go through this, AKM.

    • Ripley in CT says:

      PS. check your mail. I won’t post it here.

      • justafarmer says:

        probably the same thing I just emailed to her.

        • Lee323 says:

          Me too. Disssssssssssgusted.

        • Ripley in CT says:

          Some people just suck. Immature, get-a-life, no good, rotten suck. I’m glad I’m not that.

          • Lee323 says:

            It’s opportunistic theft — no different than looters opportunistically stealing from vulnerable stores during a crisis. Rationalizing the theft is just part of the looter’s psychological defense mechanisms. Ironically, they probably consider themselves honest, upstanding people. Integrity does NOT need to rationalize.

        • seattlefan says:

          I was getting ready to but looks like you guys have it covered. Totally disgusting and I’m sure the “host” will not appreciate it at all. Unfortunately it is 4 or 5 am where she is and she is probably unaware.

          • Irishgirl says:

            I suggested the culprit delete it. I’m fairly sure she won’t.

          • merrycricket says:

            Ha ha! You all have me going what?!? What?!? Tell me! Tell me!

          • GA Peach says:

            Of course she won’t delete it.

            My sister, a college dean, just found out from a student whistleblower that 1st year NURSING students had bought test answers off the internet. She was appalled (we all want our nurses cheating, right?) and even more appalled that they thought nothing of it.

            Interesting times we live in.

    • GA Peach says:

      Me, too. As a longtime ‘old muddy’, I know YOU have integrity. Keep your chin up.

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